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Judicial review dismissed as officer reasonably concluded common-law relationship for permanent residence was not genuine.
The applicants applied for judicial review of a decision by a visa officer refusing their application for permanent residence as family members of a protected person.
The officer found that the primary applicant's common-law relationship with her sponsor was not genuine under section 4(1) of the Immigration and Refugee Protection Regulations.
The Federal Court held that the officer's decision was reasonable, finding that the applicants were merely seeking a reweighing of the evidence.
The Court also held there was no breach of procedural fairness as the primary applicant was granted an interview and had the opportunity to respond to the officer's concerns.
The application for judicial review was dismissed.